Questions about De Novo Hearing
What is de novo hearing?In general terms “de novo” is a Latin expression meaning beginning, afresh, anew, and so on. A de novo hearing is essentially a new hearing. The case is tried in a manner as being tried for the first time. The court will hear your original complaint afresh. The judge will not consider anything previously decided and prior matters from the lower court are not admissible in this trial. New material which was not introduced in the first hearing could be introduced in the de novo hearing. The decision made by the judge is mainly based on the facts presented at the de novo trial. In a de novo hearing, you could be entitled to the discovery process. Below are answers to some of the commonly asked questions about de novo hearings.
Are all de novo requests granted? Can the judgment made in the de novo hearing be appealed?No, the courts are not obliged to grant all requests for a de novo hearing, and yes, usually any final ruling in a case can be appealed.
The officer who apprehended me was not at my trial de novo proceeding. I have already consented to traffic school. What can I do?The ruling or judgment can be appealed if you had raised the issue of the wrong officer at the time of the hearing and fought the ticket at that point. You have also consented to traffic school which means you have accepted the ruling or outcome. An appeal is possible when you believe the decision made by the judge is not supported by the law.
How do I file a petition for a de novo judicial hearing?While filing a petition de novo, the key points you should mention are the reasons why you disagree with the decision and justification for its reversal. The next step would be to serve it along with a summons to the concerned party. The court clerk would have a form or template of this. After these procedures a hearing date would be set and then you will have a chance to fight your case anew before the judge. The basic outline to draft and file a petition de novo is as follows:
1. Title case name and case number
2. Heading could read “Petition De Novo review”
3. The main matter of the petition could begin as follows, “petition requests de novo review of the above captioned matter and supporting matter is as follows.”
4. The supporting reasons and evidences should be enumerated in numbered paragraphs along with the brief reasons as to why the decision was incorrect.
5. In conclusion you need to sign the petition followed by your name and address
6. The circuit court of the county where the investigation occurred would be where the petition needs to be filed
I am from California, I had requested for trial de novo for a traffic citation and have been informed it is two days away. Can I request for a change in the trial de novo date?Change in the trial date is dependent on the court and state law. In California, as a right, traffic court defendants are entitled to one continuance. The court clerk would need to be requested for a continuance. Usually the clerk would require you to be physically present to request for one. In some jurisdictions a phone call would suffice.
As a plaintiff I won a small claims case but the defendant filed a trial de novo. I received a notice in the mail but there is no court date mentioned. What should I do in this case?Based on the information received by you, it appears the defendant has filed for the trial de novo and you have been informed of the same. The trial date is yet to be assigned by the court. Presuming these are the proceedings so far, there is no action required from your side. You can wait to hear from the court for further instructions with respect to the court dates or any other filings required by the court.
What is the legal authority for de novo review in Oregon court of appeals?According to ORS 19.415(3) and Oregon Laws 2009 Chapter 231, Section 2:
De novo review can be done or is limited to appeals arising out of arbitration awards in Oregon. A de novo review is automatic in case of an appeal of a judgment of equitable proceeding. There is no requirement to request for a de novo. For notices filed on 06/04/2009 or after, a new law is applicable. This limits the appeals further by considering appeals on parental rights and other equitable actions. A de novo review is at the court’s discretion.
De novo simply put is to start afresh. If granted, it is a second chance to present evidence old and new in order to seek justice. Hence in order for a de novo hearing to be granted, there should be significant and valid reasons. To understand whether you have the chance for a de novo hearing or review, Experts can help you understand your options and will prove useful.